From Fists To Guns And Cats, Writers Describe `Outrages'

CONDO LAW - MARK BOGEN

December 27, 1998|MARK BOGEN

Every week I have tried to provide you with the law on the most commonly asked questions. Since this is the last column for 1998, I wanted to provide you with the five most outrageous situations that I have read about from the letters mailed to me.

1. At a Fort Lauderdale condo, two board members who are both in their 70s did not agree on how condo business should be run. Both gentlemen decided to "have it out" in the condo parking lot.

On the elevator ride down to the first floor, both men began fist fighting while the wife of one of the board members began hitting another wife with her purse. I did not address this matter in my weekly column because sometimes lawyers are not needed to resolve problems.

2. A condo in Delray Beach could have been the setting for a Wild West movie. I received a letter from a few unit owners who lived in a small condo and their complaint was a common one. One of the board members acted as though he owned the entire complex, refusing to give financial or accounting records to the unit owners and paying himself a monthly salary for being a board member.

The difference between this board member and most others was that this guy carried a gun with him. When the unit owners would ask him questions involving the condo, they would find their tires slashed or their car damaged the next day.

Although I did meet with the unit owners and told them to contact the State Attorney's office, I believe these people decided to live quietly rather than risk a shoot-out.

3. Those of you that know the law are aware that all board meetings must be open to all unit owners. As with most condos, there are always one or more unit owners who attend all board meetings and stay involved in the condo business. At a condo in Palm Beach, the board was tired of a unit owner who often complained at the meetings. The board decided to meet in private.

To accomplish this, they decided to play cards on a weekday evening at one board member's condo. While the board members thought they were accomplishing their goal, they did not know that their least favorite unit owner knew of their "card game."

Since the condo was on the first floor of the building, the unit owner decided to videotape the board members while they were meeting or playing cards. While the unit owner was videotaping, a police car saw her and detained her for trespassing. Needless to say, the board enjoyed their card game.

4. Many months ago, I received a letter from a person who had been fined by his homeowners association because the board claimed that the owner's dog went to the bathroom on another person's lawn. The dog owner told me that he was fined $50 but had no intention of paying.

The dog owner was outraged and demanded to have the "dog do'' analyzed to prove it was not his dog that went to the bathroom on someone's lawn. In addition, he wanted to appeal the fine and sue the association.

After suggesting that he could end up paying thousands in legal fees, I suggested that he pay the fine and avoid the stress. Something smelled wrong about this case.

5. Another animal issue came to my attention when I received a letter from a condo owner claiming that the board was going to remove a "family member." After reading the letter, I realized that the family member was a cat.

Apparently, the condo had a rule prohibiting pets and this owner decided to hide her cat in her condo. After the cat spent two years in hiding, the board learned of the cat and demanded that it be removed.

The last thing I heard is that both sides spent over $75,000 in legal fees and court costs regarding this cat and there's no end in sight.

If you have any interesting stories about your condo or homeowners association, please write to me at the address below.